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A Criminal Defense Law Firm

Recent Appeal Handled by the Semrau Law Firm Results in a 10-Year Reduction of a Client’s Incarceration

Facing 15 years in prison is anything but insignificant, especially if it is for the possession of a meager amount of drugs. Georgia has a stringent recidivism policy that carries very serious sentences.

The Semrau Law Firm handled a case recently where a client was facing a 30-year sentence (15 years of incarceration followed by 15 years of probation) for possession with intent to distribute 12 MDMA (ecstasy) pills.

15 years in prison sounds like an insane punishment for $100 dollars worth of ecstasy, right? Our client was four years into his prison sentence when turned to us for help.

Due to prior felony and misdemeanor convictions, our client fell under Georgia’s recidivism statute. The recidivism statute has three elements: (1) If you have a felony conviction from anywhere in the United States and you are convicted of another felony in Georgia, you must receive the maximum sentence provided by law. The good news is that some or the entire sentence may be probated (2) If you have three felony convictions in the United States and you receive a subsequent felony in Georgia, you must serve the maximum sentence without the possibility of parole. (3) If you have a serious violent felony conviction anywhere in the United States and you receive another serious violent felony in Georgia, you must be sentenced to life in prison without the possibility of parole. To see the entire law, click here: http://www.georgiadefenders.com/repeatoffender.htmprison-cell

Our client had two prior felony drug convictions, one for the sale of cocaine and another for possession with the intent to distribute cocaine. This was our client’s third drug felony and he was destined for a lengthy sentence.

Four years into his sentence, our client contacted us for help. He previously hired another attorney, but the attorney was ineffective.

Scott Semrau argued that the client would like to withdraw his guilty plea due to incorrect information provided to him and the court. Scott stated that his client was misinformed by his previous attorney. He was told that if he proceeded to trial and was found guilty, the only sentence the court could possibly give would be life in prison without parole. Due to this incorrect statement, the defendant pleaded guilty.

Once the appeal case was heard, our client was released from prison. He was taken off of the recidivism statute and was immediately paroled. Due to the efforts of Scott, our client was able to end his incarceration ten years before his scheduled release!

If you feel as though you have received an unfair sentence or that you were unlawfully incarcerated and you would like to file an appeal or Habeas Corpus, we can help. As you can see, our client hired an inexperienced attorney and the results were unproductive. In these types of situations it is important that you hire an experienced attorney who knows the law.

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